[2023] KEHC 20783 (KLR)
The court found that although the statutory sentence for manslaughter is life imprisonment, the circumstances of the offence, the accused's status as a first offender, his remorse, and his family responsibilities justified a non-custodial sentence. The pre-sentence report supported the mitigation, indicating the...
Source-derived case information.
- Citation
- [2023] KEHC 20783 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Onchiri Makori
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 (E042) of 2023
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Agreement and Conviction for Manslaughter
- Outcome
- Accused sentenced to three years probation for manslaughter.
- Judges
- PN Gichohi
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Probation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Onchiri Makori
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Agreement and Conviction for Manslaughter
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter after a plea agreement.
- 2 What weight should be given to the accused's status as a first offender and his family circumstances in sentencing.
Ratio Decidendi
The court found that although the statutory sentence for manslaughter is life imprisonment, the circumstances of the offence, the accused's status as a first offender, his remorse, and his family responsibilities justified a non-custodial sentence. The pre-sentence report supported the mitigation, indicating the accused's potential for rehabilitation and the support of his family. The court determined that a custodial sentence was not suitable and that probation would allow the accused to be rehabilitated and continue supporting his family.
Court Disposition
Accused sentenced to three years probation for manslaughter.
Orders
- The accused shall serve three years on probation.
- The accused shall be reunited with his family and undergo rehabilitation.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Makori (Criminal Case 42 (E042) of 2023) [2023] KEHC 20783 (KLR) (25 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20783 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Case 42 (E042) of 2023
PN Gichohi, J
July 25, 2023
Between
Republic
Applicant
and
Benard Onchiri Makori
Accused
Ruling
1. Benard Onchiri Makori (herein referred to as the accused) was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the 13th -June 14, 2022 at Sameta Sub- County within Kisii County murdered Nancy Kireri.
2. However, he reached into a plea Ban agreement with the Prosecution under Section 137 A-O of theCriminal Procedure Codeand he admitted the charge of Manslaughter contrary to Section 203 as read with Section 205 of the Penal Codeand was convicted accordingly.
3. The prosecution urged the Court to treat him as a first offender and in mitigation Ms Gogi for the accused urged the Court to consider a non- custodial sentence as the accused person is remorseful and seeks leniency. Further he told the Court that the accused is the bread winner of his young family.
4. This Court called for Pre- sentence Report and it was filed on July 21, 2023 by Mr Gerald Atinda, the County Director of Probation Services. The report has highlighted the circumstances under which this offence was committed and shows that even if the 40-year-old accused person used to drink as he had done in this case, he is a very responsible person for his family. His siblings and his elderly father are willing to have him back in the family and take care of his children as he is rehabilitated.
5. I have considered the sentence for the offence of Manslaughter is life imprisonment as is provided for under Section 205. I however consider the circumstances under which this offence was committed and that the accused person is a first offender. His mitigation is supported by the pre-sentence report herein. A custodial sentence may not be suitable for him in the circumstances. He should be re- united with his family and continue to support his young family as he also undergoes some rehabilitation to reduce his alcohol uptake. I therefore sentence him to serve three (3) years on probation.
DATED, SIGNED AND DELIVERED AT KISII THIS 25TH DAY OF JULY, 2023. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Ochengo for the StateAccused person presentMs Gogi for Accused personKevin Isindu, Court Assistant